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Brain Injury Lawyer Rapid City, SD
If you suffered a brain injury due to someone else’s negligence, a brain injury lawyer Rapid City, SD residents trust may be able to help. Whether you sustained your brain injury in a car accident or slip and fall accident, you deserve compensation.
What Constitutes a Brain Injury?
In general, brain injuries are a result of trauma to the head by an external force or blow. A pierced skull does not necessarily have to result in brain damage; however, when it does, the injury is often more severe. A brain injury can result in cognitive impairment, hindered brain function, permanent loss of brain cells, bleeding on the brain, severe bruising, and death.
As a brain injury lawyer in Rapid City, SD, we have handled a large number of cases that have been a result of:
- Falls
- Being struck by an object
- A motor vehicle accident
- Assault
- Other / Miscellaneous
Treating a Brain Injury
Regardless of the type of brain injury you have sustained, please get immediate medical treatment. Doctors can perform scans to determine the extent of the injury and what treatment is needed. Your blood and oxygen levels will be monitored, as well as other body functions. Depending on the nature of the injury, you may be referred to a specialist for continued medical care.
Do I Have a Case?
If someone acted negligently, recklessly, carelessly, or maliciously, it is safe to assume you have a case. You should confirm this with a brain injury lawyer in Rapid City, SD as certain factors will need to be reviewed. The key will be that someone acted in a negligent manner, and their actions, or lack of, was a direct contributor to the injury. In the event your own actions are more to blame, contributory negligence could bar you from receiving compensation. In general, you will need to be more than 50% at-fault.
What Laws Can Help Me to Recover Compensation?
In general, the laws that protect your injury will fall under the category of negligence. Within this category are laws that discuss a failure to take reasonable action to adhere to their duty of care, or to the safety of others. A Rapid City, SD brain injury lawyer can review your case and help you to understand the applicable laws.
What is My Brain Injury Case Worth?
After an injury caused by negligence, you may qualify for various kinds of compensation. These include economic (i.e. medical bills and lost wages) and non-economic (pain, suffering, loss of consortium, etc.) damages. The value of your case will largely depend on the circumstances of what happened, the extent of your injuries, and your total losses. Other factors, such as whether the defendant acted maliciously, might also be considered. Only a lawyer can provide you with an estimate of the value of your case.
Are There Time Limits?
You have a limited time to file a claim for your brain injury. Typically, this is two years from the date of injury, or the date an injury was discovered. Children tend to have until their 18th or 21st birthday to file a claim, depending on the state. We would encourage you to review the current statute of limitations with a brain injury lawyer in Rapid City, South Dakota.
Why Hire a Brain Injury Lawyer?
Mild Brain Injuries Can Impact Your Life
When doctors categorize brain injuries, they focus on assessing whether or not you require immediate surgery or life-saving treatments. If you don’t need any of these treatments, your brain injury may be considered mild. However, much of the damage caused by brain injuries can’t be seen on imaging scans. You may still experience serious symptoms throughout your life, like headaches, blurred vision, balance issues, fatigue, and depression. That’s why it’s so important to have a skilled lawyer on your side. He or she will negotiate with the insurance company and argue that your injury may still cause long-term complications.
It Can Be Difficult to Establish Damages
When you sustain a brain injury, you may experience a wide range of symptoms, like cognitive difficulties or balance issues. However, it can be tricky to determine the monetary value of these symptoms. An experienced brain injury lawyer in Rapid City, SD will estimate the value of your claim by looking into the circumstances surrounding your injury and losses. He or she should be able to figure out how much compensation you’re entitled to for your medical bills, lost wages, loss of companionship, and pain and suffering.
Brain Injury Lawsuits Require Medical Expert Testimony
In order to get the compensation you truly deserve for your brain injury, you will likely need medical experts to testify on your behalf. A skilled lawyer works with a diverse team of medical experts and can help identify the right experts for your claim.
The Insurance Company Will Be Less Likely to Take Advantage of You
Even if you have a valid claim, don’t expect the defendant’s insurance company to jump at the chance to give you a fair settlement. Insurance companies are in the business of making money and may do anything to get out of paying you what you deserve. That’s another reason it’s critical to have an experienced lawyer on your side. He or she will know the true value of your claim and won’t let the insurance company take advantage of you. Your lawyer will fight hard to get you fair compensation.
Schedule a consultation with a brain injury lawyer in Clayborne, Loos & Sabers LLP today.
Proving The Extent Of Your Brain Injury’s Impact
Our Rapid City, SD brain injury lawyer knows that when pursuing a brain injury claim, one of the most critical elements is demonstrating the extent of the injury’s impact on your life. Brain injuries can vary significantly in severity and symptoms, which means thorough documentation and clear evidence are essential to presenting a strong case. At The Law Offices of Clayborne, Loos & Sabers LLP, we help individuals take the right steps to protect their rights and seek the compensation they deserve. Our firm has been on the Great Plains Super Lawyer List for 5 years in a row and is dedicated to helping each client.
Medical Records And Diagnostic Tests
The foundation of any brain injury claim lies in medical records and diagnostic imaging. Tests such as CT scans, MRIs, and neurological evaluations provide objective evidence of the injury itself. These documents show the physical damage to the brain and help establish the link between the injury and its effects on your daily life. We emphasize the importance of regular follow-ups with your healthcare provider to document changes or ongoing challenges. Each piece of medical evidence strengthens the connection between your injury and its consequences. We won a previous client who suffered a traumatic brain injury a $300,000 verdict and we are prepared to fight on your behalf, so call our office.
Testimonies From Healthcare Providers
As our Rapid City, SD brain injury lawyer can tell you, statements from doctors, therapists, and other healthcare professionals play a key role in detailing how the injury has affected your ability to work, interact with others, and handle everyday tasks. Their insights offer credibility, as they are uniquely qualified to describe the challenges associated with traumatic or acquired brain injuries. We coordinate closely with these professionals to ensure their evaluations accurately reflect your circumstances.
Personal And Professional Impact
Brain injuries often extend far beyond physical symptoms. Changes in memory, mood, or cognitive function can disrupt relationships, job performance, and overall quality of life. When building a case, we gather detailed information about these effects. Family members, coworkers, and friends may provide statements describing the differences they’ve observed. Documentation such as performance reviews, job records, or notes from employers can also demonstrate how your ability to work has been compromised. This evidence can paint a clear picture of how the injury affects all aspects of your life.
Financial And Lifestyle Consequences
Brain injuries frequently come with significant financial burdens. Medical bills, lost income, and ongoing rehabilitation costs can quickly accumulate. Beyond the financial toll, these injuries may prevent you from enjoying hobbies or participating in activities you once loved. By presenting a detailed account of these losses, we can show the injury’s full impact. Gathering receipts, invoices, and proof of expenses helps highlight the challenges you face. Including future costs—such as long-term care or assistive devices—ensures that your claim accounts for the injury’s lasting effects.
Strengthening Your Claim With Additional Resources
In some cases, additional assessments or reports can be valuable. Neuropsychological evaluations, for example, measure cognitive deficits and provide insight into how these challenges affect your daily functioning. Vocational assessments can help establish the degree to which your earning potential has been impacted. These tools allow us to build a comprehensive case that fully reflects your experience.
Let Us Help You Move Forward
Proving the full impact of a brain injury requires attention to detail and a commitment to gathering strong evidence. At The Law Offices of Clayborne, Loos & Sabers LLP, we have 60 + years of experience and are dedicated to helping you build the case you need to pursue the compensation you deserve. Our firm was recognized for the “Best Lawyers/Best Law Firm” honor in 2023 by U.S. News and World Report and we are dedicated to each client we take on. Contact our trusted brain injury lawyer in Rapid City today to discuss your situation and learn how we can support you every step of the way.
LOCATIONS SERVED
South Dakota
Rapid City, SD
Sturgis, SD
Spearfish, SD
Deadwood, SD
Black Hills, SD
Case Results
$4,999,257
Arbitration award for wrongful termination of contract; upheld on appeal; Spiska v. SPM Thermo-Shield, 730 N.W.2d 683 (SD 2007)
$1,250,000
Policy limits settlement involving bi-lateral lower leg fractures caused by head-on collision.
$690,000
Settlement regarding spousal assault
$500,000
Policy limits settlement for traumatic brain injury and vision deficits as a result of motor vehicle accident
$400,000
Settlement for insurance bad faith related to wrongful denial of workers compensation benefits
$300,000
Verdict for traumatic brain injury from motor vehicle accident
$160,000
Settlement for assisted living resident injured while being transported to medical appointment
$100,000
Settlement for fall at assisted living center
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Client Review
“I witnessed Holly in trial she won our case for us, I was very impressed by her she was very professional and her demeanor was amazing. She has the greatest personality and she truly wants the best for her clients. I will come to her for all of my legal issues. Thank you Holly for giving our family justice.” Lauren Sewell